Dear Sir/Madam Hi I've taken permission for constructing a G+2 building of 6000 sq.ft and paid 1.5 lakh rupees in 2016 to the municipality. My engineer has deviated and constructed 8000 sq.ft. and applied for the BPS scheme in 2019 September. The additional space is also under my name only. Actually, We stepped back 20 feet and constructed assuming there might be a road widening in the future. All the 20ft wastage and deviation is in my property only. When my Engineer applied for BPS I am shocked to see the penalty is 7.8 lakh rupees. Also, why is government calculating on the basis on market price? In the case of snatching the government of our land gives according to the SR value not market value. My questions are:- 1q) If I applied for another building which is 6000 sq.ft it would be another 1.5 lakh to 3 lakh rupees only, but why is the government charging a huge amount just for an additional deviation 2000 sq.ft. ?? 2q) Because of lockdown in the pandemic situation my tenants did not pay rent and are also planning to exit the building. I may not have income for another 1 year or more, it will take some time for me to cope-up, but the government is sending SMS and calling to pay the penalty as early as possible or it will demolish my building. My question is, can I stop the government from demolishing my building (mental harassment from the officers in loud and rash tone) ? does the court really have the power to stall the demolishing of my building and what if the government doesn't care the court order? 3q) What should I do now? The government is not doing its part to help me in this kind of situation and I'm only an ordinary person from farmers' families. Totally unbearable. What to do? Please suggest me 4q) Also, in the future, if there is no rental income from the commercial property should I pay the tax mandatorily ? will there be any relief that I can apply? Thanks,
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I have asked this question to save my self against exorbitant taxation, does the government pay property taxes for the buildings that they construct and live to run their operations like Assembly, Government hospitals, municipal buildings, and so on ??
File suit seek court orders restraining demolition of unauthorised construction
2) write to authorities as to basis on which figure of Rs 7.80 lakhs has been arrived
3) you can also consult a local architect as to basis of calculation of penalty amount
What can I do to reduce my penal tax?
File RTI application as to basis on which sum of Rs 7.80 lakhs has been arrived at
also architect regarding penalty levied by authorities
You could just wait for the time when govt. Opens some schemes to reduce penalties.
You need go first move to court and seek stay on the demolition and penal action if any. Later challenge the same in court on merits
Dear Sir,
You are suggested to serve a legal notice to the concerned Govt Department and ask for relaxation in all the terms i.e. reduction of money/amount of penalty, giving time for depositing money and other things and if no response or adverse response, then file the WRIT in the High Court praying the suitable writ/direction as required. it is sure that you will get the relief.
a stay order can be obtained from the competent court ordering government authority to stop demolition. Don’t wait till last hour. Contact a competent advocate in your area to file stay petition.
1. The remedy in your hands is to file a suit for permanent injunction in the civil court. In your suit, also file an application for temporary injunction to restrain demolition.
2. You may additionally serve a lawyer's notice to the competent authority to dispute the figure arrived at by it. It cannot be done in an arbitrary manner.
Where was the need to obtain permission to construct G+2 house ? And when no permission is required to for such low construction, why the penalty will impose for any deviation.
Demolish the extra portion instead of paying penalty. And if any penalty payable than shame you can recover from engineer. Because he deviated from the sanctioned plan and imposed penalty for his fault.
Getting rent income or not is not a issue of municipality. Better assail the penalty order in court.
Dose they given you receipt of 1.5 lacs ?
1. If you have received the notice for paying the penal amount there will be a mention about the reason for demanding the penal amount citing the relevant law, hence you may approach an advocate in the local and give a proper reply notice contesting their allegations against you in this regard.
2. If the authorities are threatening to demolish the unauthorised construction or the deviated constructions, you my approach court with a suit for injunction seeking to restrain the authorities from demolishing the structure for the reasons you rely upon.
3. You can consult an advocate in the local and file an injunction suit as suggested.
4. You cannot claim exemption or excuse from paying the tax just becasue yo do not get any rental income out of your property.
The payment of tax and getting rental income from the property are totally two different subjects.
The government buildings or the private buildings, the taxes that are due to the government are to be paid, there is no exemption to anyone.
What is the reason that you want this penal tax to be reduced?
Do you have any substantial reasons that you rely upon seeing to reduce the penal tax?
Discuss with an advocate in the local and initiate legal action, if at all there is any, maintainable.
You can file a writ petition in high court for reduction of penalty amount and get stay till disposal of petition.
It can only delay the payment of penalty if court grants stay on penalty but you have to pay the penalty as you have deviated from your approved plan.
